5-IA-2583-2023 (C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5107 OF 2021 Dilip Nathu Kank And Ors. VERSUS The State of Maharashtra And Ors. ALONG WITH INTERIM APPLICATION NO. 2583 OF 2023 IN WRIT PETITION NO. 5107 OF 2021 Shivaji Dagadu Kank IN THE MATTER BETWEEN : Dilip Nathu Kank And Ors. VERSUS The State of Maharashtra And Ors. ... Ms. Bhagyashri Mangale, Advocate for Petitioners. Mr. Y. B. Lengare ( Through V.C.) a/w Mr. Rutik Kashid, Advocate for the Intervenor. Mr. Vikas M. Mali, AGP for the Respondent-State. ... CORAM : MILIND N. JADHAV, & NANDESH S. DESHPANDE, JJ. DATE : 22nd JULY, 2026 P. C. : 1 of 5 SAJAKALI LIYAKAT JAMADAR Digitally signed by SAJAKALI LIYAKAT JAMADAR Date: 2026.07.23 14:35:04 +0530 5-IA-2583-2023 (C).doc 1. Heard Ms. Mangale, learned Advocate for the Petitioners, Mr. Lengare (Through V.C.), learned Advocate for the Intervenor/Applicant and Mr. Mali, learned AGP for the Respondent- State. 2. The present Petition No.5107 of 2021 is filed by the Petitioners on 07.01.2021 seeking implementation of the order dated 11.08.2000. 3. Petitioner No.1 was 13 years old when the said order dated 11.08.2000 was passed. A copy of the said order is claimed to be annexed at Exhibit "F" to the Petition. The allotment order, presumably, is not in the name of Petitioner No. 1, save and except the surname. 4. We have reasoned with the learned Advocate, Ms. Mangale, that the prayers in the Petition are extremely general, omnibus, vague and insufficient. Ms. Mangale, despite repeated queries from the Court, persisted with her submissions. Equally, while the matter was being argued, Petitioner No.1, who was presumably present in Court, also tried to interrupt the proceedings. We reasoned out with Ms. Mangale and explained to her that such innocuous, incomplete, vague and insufficient prayers, as sought in the Petition, can never 2 of 5 5-IA-2583-2023 (C).doc be granted in our extraordinary writ jurisdiction. She refused to listen and repeatedly argued the same issue, stating that the allotment order had been passed under Section 16 of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 in favour of the Petitioners and it required execution by way of present Petition now filed in 2021. 5. The delay in filing the Petition is unexplained. We do not know whether the Petitioners before us, namely, Dilip Nathu Kank, Alka Sanjay Sathe, Ramdas Laxman Kank, Santosh Shankar Kank and Pandharinath Dhondiba Kank, are in any way related to Dhondiba Madhu Kank. The name "Dhondiba" appears only in the name of Petitioner No.5. No family tree or any other material has been placed on record. We cannot embark upon an inquiry for all the 5 Petitioners who have woken up from their long shumber after almost 21 years and have filed the present Petition. Petition is devoid of material facts. We cannot embark upon an enquiry on facts. Petition is hit by delay and laches. What we gather from Ms. Mangale is that Petitioners are project affected persons, who have been given alternate lands, but those are inadequate. Order passed in of the year 2000 in some other persons’ name. Execution 3 of 5 5-IA-2583-2023 (C).doc is sought after 21 years without even approaching the competent Authority. 6. We direct the Petitioners to make an appropriate representation to the Government on the basis of the alleged order. If any such representation is made, the Government shall deal with the same in accordance with law with regard to any allotment to the concerned person named in the said order and decide the same. 7. Needless to state that any representation made by the Petitioners shall be strictly considered by the Government in accordance with law and on the basis of the applicable legal and statutory requirements. 8. For filing such vague and frivolous a Petition, we direct the Petitioners to pay costs of 5,000/- to the “Bombay High Court ₹ Kolhapur Bench Action Committee” within a period of two weeks from today. The details of the Bank Account of the said Committee are as under : बँके च नांव : ि कमियल को- ऑप बँक िल. को्हापूर खातेचे नांव : को्हापूर ि्हा बार असोिसएन को्हापूर खंडपीठ िनधी खाते नंबर : 009011100000175 आय एफ. सी कोड : HDFC0CTCCBK ( अंडरलाईन के लेले ि'रो अंक आहे.) ाखा : कसबा बावडा को्हापूर. 4 of 5 5-IA-2583-2023 (C).doc 9. Needless to state that we have not expressed any opinion on the substantive rights of the Petitioners. If the Petitioners are entitled to any additional area in rehabilitation or allotment in terms of the Project Affected Persons Rehabilitation Act, 1999, the State Government shall duly consider the representation of the Petitioners, if made, in accordance with law and determine the same strictly in accordance with law. 10. The Writ Petition is dismissed with the above directions. 11. In view of the dismissal of the Writ Petition, the Interim Application No.2583 of 2023 does not survive and stands disposed of accordingly. [NANDESH S. DESHPANDE, J.] [MILIND N. JADHAV, J.] Sajakali 5 of 5